The Supreme Court on Thursday pulled up the Uttar Pradesh police for not registering an FIR into a complaint made by a person regarding threat/inducement to not depose in the Lakhimpur Kheri violence case involving former Union Minister’s son Ashish Mishra.
The Bench of Justice Surya Kant, Justice Ujjal Bhuyan and Justice N Kotiswar Singh rejected the state police’s explanation that it did not register an FIR despite a formal complaint because the person did not appear before the police authorities.
The Apex Court said in case the complainant was reluctant in coming forward before the authorities, a senior police officer could have been deputed to visit the complainant and verify whether any complaint was made by him. It was imperative for police to investigate such contents. Necessary consequences must follow.
The Bench directed that a fresh status report with respect to the complaint of Baljinder Singh be filed. It further ordered the senior SP, Lucknow, to file an affidavit after verification of the complaint and listed the matter for further hearing on August 20.
The trial court was directed to examine as many witnesses as possible on the next date.
Appearing for the victims, Advocate Prashant Bhushan submitted that on March 24, the Court gave liberty to one Baljinder Singh to make a complaint with the authorities. On June 20, a complaint was lodged, stating that Singh was called by this person and given inducement of Rs one lakh. He was threatened that if he deposed, he would face dire consequences. No FIR has been registered till date, despite the Lalita Kumari verdict mandating that FIR be registered within a week, noted Bhushan.
Representing the State of Uttar Pradesh, Senior Additional Advocate General Garima Prashad said Baljinder Singh was called by the Superintendent of Police, but he did not appear.
The Apex Court expressed it’s dissatisfaction over the explanation and said that in case of a complaint, which prima facie disclosed a cognisable offence, if the complainant was not coming forward for unknown reasons, why couldn’t the police officer visit the complainant and find out.
Bhushan contended that if substance was found in Baljinder Singh’s complaint, Mishra’s bail should be cancelled.
Senior Advocate Siddharth Dave, appearing for Mishra, vehemently opposed this. He argued that such allegations have been made repeatedly in the past, with no proof of any inducement/threat extended at the behest of Mishra. Since the last date, 20 witnesses have been examined and 20 dropped by the prosecution, he noted, adding that the trial court was hearing the matter thrice every month, however, nobody turned up.
Bhushan sought a day-to-day trial, but the Court refused to pass such an order, citing its impact on other cases.
Earlier on March 24, the Bench of Justice Surya Kant and Justice N Kotiswar Singh refused to cancel the bail granted to Ashish Mishra, son of former Union Minister Ajay Mishra Teni and prime accused in the Lakhimpur Kheri violence case, over allegations that witnesses were being threatened.
The Apex Court noted that the police report did not substantiate the allegations that a person close to Mishra had tried to influence the witnesses.
It, however, granted liberty to the witness to file a complaint with the local police, directing the police to consider the same independently.
The Bench ordered an expeditious examination of the crucial eye-witnesses and witnesses. It further directed that the schedule regarding the examination of the witnesses be placed on record before the next date.
In November last year, the Apex Court had directed Mishra to respond to the allegations made in an application moved in his bail plea. The Superintendent of Police, Lakhimpur, had also been directed to look into the matter. The police submitted its report on March 24.
Representing the applicants, Advocate Prashant Bhushan contended that the transcript of conversation showed a BJP person trying to influence the witness. Police said the identity of the person was not known.
Appearing for Mishra, Senior Advocate Siddharth Dave denied the allegations.
The Apex Court told the applicants that if they were aggrieved, they could move an application.
Pointing towards the large number of witnesses in the case, the top court of the country ordered that the statement of vital witnesses need to be recorded at the earliest.
The Bench further allowed Mishra to visit Lakhimpur Kheri on April 5, celebrate Ram Navmi on April 6, and return to Lucknow on April 7 before 5 pm. It directed that no political worker should participate in the celebrations involving Mishra.
On January 20, 2025, the Apex Court had directed the Lakhimpur Superintendent of Police to conduct a fact-finding enquiry on the allegations that Ashish Mishra was trying to influence the witnesses.
The Apex Court passed the order on an application filed by the family members of the deceased seeking cancellation of bail granted to Mishra, alleging that he was trying to influence the witnesses in the case.
Terming the application ‘publicity-oriented,’ Senior Advocate Siddharth Dave, representing Mishra, apprised the Court that on the relevant day, Mishra was at the Lok Sabha Secretariat. He said there could not be a bigger proof of the allegations being misplaced.
He further alleged that the applicants had developed a habit of repeatedly making such allegations against Mishra.
Appearing for the applicants, Advocate Prashant Bhushan took the Bench through the application seeking cancellation of Mishra’s bail, which stated that the identity of the witnesses sought to be influenced could not be revealed due to fear of reprisal.
Bhushan sought time from the Apex Court to file a recording showing that a witness was promised a reward in exchange for not giving evidence.
Noting that in such a scenario, a parallel enquiry may be required to find out if the person alleged of trying to influence was Mishra’s associate or planted by someone else, the top court of the country ordered the Police Commissioner to conduct an enquiry into the veracity, genuineness and reliability of such allegations, and submit a report on the same.
On November 27, the Bench of Justice Surya Kant and Justice Ujjal Bhuyan had directed Ashish Mishra to file an affidavit regarding the allegations that he was threatening the witnesses. The top court of the country issued the direction after Senior Advocate Siddharth Dave denied the charges levelled by the witnesses.
The Bench showed the Senior Counsel certain photographs regarding the allegations, to which Dave responded that the photos had been filed with oblique reasons.
Dave contended that every time the case came up for hearing, something like this cropped up. He submitted that the photographs were not meant for this Court, they were meant for outside.
The Bench then ordered Mishra to file an affidavit over the charges levelled by the witnesses.
On July 22, 2024, the Apex Court made absolute, its interim order of January 25, 2023. The top court of the country had granted interim bail to Mishra in January 2023 in the 2021 Lakhimpur Kheri violence case, which led to the death of eight people.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan further granted bail to farmers in the case and directed the trial court to expedite hearing.
The top court of the country said in its order that taking into consideration all the attending circumstances, it was making its interim order absolute.
Noting that out of 117 witnesses, seven have been examined so far, the Bench directed the trial court to fix the schedule, keeping in view other time-bound or urgent matters that were pending, while prioritising the pending subject.
Violence had erupted in Lakhimpur Kheri district of Uttar Pradesh on October 3, 2021, when four of the farmers protesting against Uttar Pradesh Deputy Chief Minister Keshav Prasad Maurya’s visit to the area were mowed down by a sports utility vehicle. The farmers were protesting against the Centre’s now-repealed three agriculture laws. A driver and two Bharatiya Janata Party workers were allegedly lynched by angry farmers. A journalist also died during the incident.
On December 6, 2023, the trial court framed charges against Mishra and 12 others for the alleged offences of murder and criminal conspiracy in the case of the farmers’ deaths, paving the way for the trial to start.